Notice having been duly given, the
regular meeting of the South Coast Air Quality Management District Board was
held at District Headquarters, 21865 E. Copley Drive, Diamond Bar,
California. Members present:
Councilmember Norma J. Glover, Chairman
Cities of Orange County
William A. Burke, Ed.D., Vice Chairman
Speaker of the Assembly Appointee
Mayor Michael D. Antonovich (arrived at 9:20 a.m.)
County of Los Angeles
Councilmember Hal Bernson
Cities of Los Angeles County - Western Region
Councilmember Beatrice J. S. LaPisto-Kirtley
Cities of Los Angeles County - Eastern Region
Mayor Ronald O. Loveridge
Cities of Riverside County
Supervisor Jon D. Mikels
County of San Bernardino
Mayor Pro Tem Leonard Paulitz
Cities of San Bernardino County
Supervisor James W. Silva
County of Orange
Ms. Cynthia Verdugo-Peralta
Governor’s Appointee
Supervisor S. Roy Wilson, Ed.D.
County of Riverside
Members absent:
Ms. Jane W. Carney
Senate Rules Committee Appointee
CALL TO ORDER: Chairman Glover called the
meeting to order at 9:10 a.m.
- Pledge of Allegiance: Led by Mr. Loveridge.
- Adoption of Proclamation in Memory of Dr. Robert Morris Zweig
Chairman Glover read into the record a proclamation from the
AQMD recognizing and honoring Dr. Zweig for his unwavering vision of a
cleaner, healthier world, and his extraordinary efforts to achieve a
better quality of life for all Southern Californians.
ON MOTION OF DR. WILSON, SECONDED BY
MS. LaPISTO-KIRTLEY, AND UNANIMOUSLY CARRIED, THE BOARD ADOPTED THE
PROCLAMATION IN MEMORY OF DR. ROBERT MORRIS ZWEIG.
MR. PAULITZ MOVED TO ESTABLISH AN AWARD IN
DR. ZWEIG’S NAME RECOGNIZING A PHYSICIAN IN THE FIELD OF AIR QUALITY
AND THE IMPACTS TO PUBLIC HEALTH. THE AWARD WOULD BE PRESENTED AT
THE AQMD’S ANNUAL CLEAN AIR AWARDS CEREMONY. THE MOTION WAS SECONDED
BY DR. BURKE AND UNANIMOUSLY CARRIED (Absent: Antonovich and
Carney).
CONSENT CALENDAR
1. |
Minutes of February 1, 2002 Board Meeting |
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2. |
Set Public Hearing April 5, 2002 to Amend
Regulation IX - Standards of Performance for New Stationary Sources |
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3. |
Authorize Executive Officer to Purchase NOx
RTCs |
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4. |
Execute Contract to Cost Share Development
of Odorant for Liquefied Natural Gas |
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5. |
Execute Contract to Cosponsor Study for
Commercialization of Advanced Hybrid Electric Vehicles |
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6. |
Execute Agreement for Membership in Hybrid
Electric Truck Operator's Forum |
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7. |
Approve Issuance of Program Announcement
and Application for FY 2001-02 Lower-Emission School Bus Retrofit
Program Funding |
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8. |
Approve Grants to Public School Districts
to Purchase Lower-Emitting Diesel and Alternative Fuel School Buses and
Infrastructure under Lower-Emission School Bus Replacement Program for
FY 2001-02 |
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9. |
Execute Additional Contracts to Generate
Emissions Credits Under State Emissions Mitigation Program |
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10. |
Modify Contracts Executed Under FY 1999-00
Carl Moyer Program |
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11. |
Execute Contract to Cosponsor Development
and Demonstration of One CNG-Powered Midsize School Bus and Demonstrate
Two Smaller CNG School Buses |
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12. |
Execute Contract to Conduct Indoor and
Outdoor Air Quality Study in Mira Loma Area |
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13. |
Appropriate Funds and Reissue RFQ to
Purchase Gas Chromatograph/Mass Spectrometer System |
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14. |
Renew Contracts with Strategy Workshop and
TLC MediaWorks for Media and Public Relations Services |
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15. |
Establish Classification and Add and Delete
Positions |
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16. |
Approve Contracts under Diesel Particulate
Trap Retrofit Program as Part of FY 2001-02 AB 2766 Discretionary Fund
Work Program; Grant MSRC Authority to Adjust Project Costs Up to 5%; and
Authorize Board Chairman to Execute Agreements |
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17. |
Approve AQMD Annual Investment Policy and
Delegation of Authority to Appointed Treasurer to Invest AQMD Funds |
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18. |
Ratify and Clarify Status of Board
Committee to Facilitate Rulemaking on Refinery Control Measures FUG-04,
FUG-05 and CMB-09 |
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19. |
Public Affairs Report |
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21. |
Civil Filing and Civil Penalties Report |
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22. |
Lead Agency Projects and Environmental
Documents Received by the AQMD |
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23. |
Rule and Control Measure Forecast |
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24. |
Home Rule Advisory Group Annual Report |
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25. |
Status Report on Mobile Source Pilot Credit
Generation Rules |
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26. |
Notification of OEHHA's Finalization of
Chronic Reference Exposure Levels |
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27. |
This item was moved to "Public
Hearings"; see Item No. 44. |
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28. |
Report of RFPs and RFQs Scheduled for
Release in March |
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29. |
FY 2001-02 Contract Activity |
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30. |
Status Report on Major Projects for
Information Management Scheduled to Start During Last Six Months of FY
2001-02 Agenda Items Nos. 18 and 26 were held for discussion. |
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ON MOTION OF DR. BURKE, SECONDED BY MR. SILVA, THE
BOARD: 1) APPROVED AGENDA ITEMS 1 THROUGH 17, 19 THROUGH 25, AND 27
THROUGH 30; AND 2) ADOPTED RESOLUTIONS NO. 02-08, AMENDING AQMD’S SALARY
RESOLUTION TO ESTABLISH A NEW CLASS OF PRINCIPAL DEPUTY DISTRICT
COUNSEL, AND NO. 02-09, DELEGATING AUTHORITY TO THE TREASURER OF THE
COUNTY OF LOS ANGELES TO INVEST AND REINVEST FUNDS OF THE SCAQMD, AS
RECOMMENDED BY STAFF, BY THE FOLLOWING VOTE:
AYES: Bernson, Burke, Glover, LaPisto-Kirtley,
Loveridge,
Mikels, Paulitz, Silva, Verdugo-Peralta (except Items
5 & 9), and Wilson.
NOES: None.
ABSTAIN: Verdugo-Peralta (Items 5 & 9 only).
ABSENT: Antonovich and Carney. |
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31. |
Items Deferred from Consent Calendar |
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18. |
Ratify and Clarify Status of Board
Committee to Facilitate Rulemaking on Refinery Control Measures FUG-04,
FUG-05 and CMB-09 Mr. Paulitz indicated he would be seeking
reappointment to his Montclair City Council seat, and he would be
handling all of the campaign duties personally. Therefore, he
regrettably declined appointment to the ad hoc committee because he
would be unable to devote the time and effort required.
Chairman Glover indicated that she would discuss the matter
with Board members and make an appointment to the ad hoc committee at a
later date. |
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ON MOTION OF MR. PAULITZ, SECONDED BY
MS. LaPISTO-KIRTLEY, AND CARRIED UNANIMOUSLY (Absent: Antonovich and
Carney), THE BOARD RATIFIED THE APPOINTMENT OF BOARD MEMBER JANE CARNEY
TO THE AD HOC COMMITTEE TO FACILITATE RULEMAKING ON REFINERY CONTROL
MEASURES. |
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(Mr. Antonovich arrived at 9:20 a.m.)
26. |
Notification of OEHHA's Finalization of
Chronic Reference Exposure Levels John Billheimer, of Enviro-Reality,
addressed the Board to comment on this item. He suggested a review of
the 13 compounds for which chronic reference exposure levels were
finalized by OEHHA in December 2001 because he believes the means by
which these substances get into the air are questionable. (Submitted
Written Comments) |
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ON MOTION OF MS. VERDUGO-PERALTA, SECONDED BY MR.
PAULITZ, AND CARRIED UNANIMOUSLY (Absent: Bernson and Carney), THE BOARD
RECEIVED AND FILED AGENDA ITEM NO. 26, AS RECOMMENDED BY STAFF, WITH THE
CORRECTION TO THE COLUMN HEADERS IN ATTACHMENT I AS SET FORTH IN THE
ERRATA SHEET. |
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BOARD CALENDAR
32. |
Administrative Committee Dr.
Wallerstein noted that the Minutes of the ECAG’s December meeting, which
were included with the Administrative Committee’s report, were being
withdrawn so that corrections could be made. The corrected Minutes of
ECAG’s meeting will be brought back to the Board at its April 5, 2002
meeting. |
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33. |
Investment Oversight Committee |
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34. |
Legislative Committee |
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35. |
Mobile Source Committee |
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36. |
Stationary Source Committee |
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38. |
Mobile Source Air Pollution Reduction
Review Committee |
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39. |
California Air Resources Board Monthly
Report
(No Written Material -: Transcripts of the meetings are
available at CARB's web site,
www.arb.ca.gov.) |
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40. |
California Fuel Cell Partnership Steering
Team Meeting |
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ON A MOTION DULY MADE AND SECONDED, AND UNANIMOUSLY
CARRIED (Absent: Bernson and Carney), THE BOARD RECEIVED AND FILED
AGENDA ITEMS NO. 32 THROUGH NO. 40 AND APPROVED THE FOLLOWING DRAFT
FEDERAL LEGISLATIVE CONCEPTS, AS RECOMMENDED:
Concept #1 - Hydrogen Fueling Infrastructure Project
Concept #2 - Transition Assistance for Dry Cleaning
Operations
Concept #3 - Natural Gas Engine Research, Demonstration, and
Deployment
Concept #4 - Homeland Security/Air Contaminant
Monitoring Equipment |
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PUBLIC HEARINGS
41. |
Prehearing and Status Report on Controlling
Volatile Organic Compound and Ammonia Emissions from Composting and
Related Operations |
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Indicating that staff needed additional time
to work with the affected parties on emissions estimates and control
options, Dr. Wallerstein recommended continuance of the prehearing to
the April 5, 2002 Board meeting. |
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ON MOTION OF MR. MIKELS, SECONDED BY
MS. LaPISTO-KIRTLEY, AND UNANIMOUSLY CARRIED (Absent: Bernson and
Carney), AGENDA ITEM NO. 41 WAS CONTINUED BY THE BOARD TO ITS APRIL 5,
2002 MEETING. |
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42. |
Annual RECLAIM Audit Report for 2000
Compliance Year |
|
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Carol Coy, DEO/Engineering & Compliance, gave
a slide presentation. The public hearing was opened, and the Board heard
testimony from the following individual:
CURTIS COLEMAN, Attorney at Law, on behalf of CMTA/SCAQA
Commented that because of action taken previously by the Board,
RTC prices have stabilized and were reduced to affordable levels, and
companies are installing emission controls. Indicated that, other than
the power producers, the
50 ton-per-year emission sources have not and are not exceeding facility
emissions allocations under RECLAIM, and, therefore, the enforceable
compliance plan elements are not needed. Requested that the Board direct
staff to examine ways of modifying the compliance plan requirement to
assure that controls are installed, but get back to the concept of
allowing companies flexibility, provided they maintain compliance with
RECLAIM.
Ms. Coy responded that staff is confident
that the compliance plan requirement is necessary. Although these
facilities did not exceed allocations in aggregate, a number of them did
exceed their allocation for the compliance year 2000.
There being no further testimony, the public
hearing was closed. |
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ON MOTION OF MS. LaPISTO-KIRTLEY, SECONDED BY
MR. MIKELS, AND UNANIMOUSLY CARRIED (Absent: Antonovich and Carney), THE
BOARD APPROVED AGENDA ITEM NO. 42 AS RECOMMENDED BY STAFF. |
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43. |
Adopt Update of Technology Advancement Plan
for Clean Fuels Program and Approve Technology Advancement Annual Report |
|
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Dr. Anupom Ganguli, Technology Demonstration
Manager, gave a slide presentation. The public hearing was opened. There
being no requests from the public to comment on this item, the hearing
was closed. |
|
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ON MOTION OF MR. PAULITZ, SECONDED BY DR. WILSON, AND
UNANIMOUSLY CARRIED (Absent: Carney), THE BOARD ADOPTED RESOLUTION NO.
02-10, ADOPTING THE TECHNOLOGY ADVANCEMENT PLAN FOR THE CLEAN FUELS
PROGRAM FOR 2002 AND APPROVING THE TECHNOLOGY ADVANCEMENT OFFICE ANNUAL
REPORT FOR 2001, AS RECOMMENDED BY STAFF. |
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44. |
Annual Report for 2001 on AB 2588 Air
Toxics "Hot Spots" Program |
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Indicating that this annual report summarizes
AQMD’s accomplishments with regard to the AB 2588 program for the year
2001 and provides the work plan for the year 2002, staff waived a formal
oral presentation on this item. The public hearing was opened. There
being no requests from the public to comment on this item, the hearing
was closed. |
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ON MOTION OF MS. VERDUGO-PERALTA, SECONDED BY MS.
LaPISTO-KIRTLEY, AND UNANIMOUSLY CARRIED (Absent: Carney), THE BOARD
RECEIVED AND FILED AGENDA ITEM NO. 44, AS RECOMMENDED BY STAFF. |
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OTHER BUSINESS
45. |
Approve Memorandum of Understanding with
SCAQMD Professional Employees Association |
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Dr. Wallerstein commented that a tentative
agreement was reached with the SC-PEA, and the monetary terms of the
agreement were pursuant to the guidance given to him in closed session
by the Board. Eudora Tharp, DEO/Administrative & Human Resources,
briefed the Board on the nonmonetary terms of the agreement. |
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ON MOTION OF DR. WILSON, SECONDED BY
MS. LaPISTO-KIRTLEY, AND UNANIMOUSLY CARRIED (Absent: Carney), THE BOARD
APPROVED AGENDA ITEM NO. 45, AUTHORIZING AQMD’S NEGOTIATOR TO SIGN THE
RATIFIED MEMORANDUM OF UNDERSTANDING BETWEEN AQMD AND SC-PEA COVERING
EMPLOYEES IN THE PROFESSIONAL BARGAINING UNIT, AS RECOMMENDED BY STAFF. |
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PUBLIC COMMENT PERIOD - (Public Comment on Non-Agenda Items, Pursuant
to Government Code Section 54954.3)
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There was no public comment on non-agenda
items. |
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CLOSED SESSION
46. |
Closed Session |
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The Board recessed to closed session at 10:00
a.m., pursuant to Government Code section 54956.9(a) to confer with its
counsel regarding pending litigation which has been initiated formally
and to which the District is a party. The title of the action is
MacDougall v. Thomas, AQMD, Los Angeles Superior Court Case No.
GC027653. |
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ADJOURNMENT
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Following closed session, District Counsel
Barbara Baird announced that there was no action taken in closed session
to report, and the meeting was adjourned. |
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The foregoing is a true statement of the
proceedings held by the South Coast Air Quality Management District
Board on March 1, 2002. |
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Respectfully Submitted,
SAUNDRA McDANIEL
Senior Deputy Clerk |
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Date Minutes Approved:
________________________ ____________________________________________
Norma J. Glover, Chairman |
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ACRONYMS
CMTA/SCAQA = California Manufacturers & Technology Association/
Southern California Air Quality Alliance
CNG = Compressed Natural Gas
CO = Carbon Monoxide
DEO = Deputy Executive Officer
ECAG = Ethnic Community Advisory Group
FY = Fiscal Year
NOx = Oxides of Nitrogen
OEHHA = Office of Environmental Health Hazard Assessment
RFP = Request for Proposals
RFQ = Request for Quotations
RTC = RECLAIM Trading Credit |